In Louisiana, a landlord’s obligation for providing a habitable living space is primarily governed by LA Civ Code Art. 2691. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | No Statute. |
| Time Limit for Repairs | “Reasonable” Time |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Louisiana
The implied warranty of habitability in Louisiana does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Not specifically addressed |
| Hotels/Motels | Not specifically addressed |
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in Louisiana
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Louisiana, as indicated below.
Note: Some of the items below may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not specifically addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not specifically addressed |
| Provide hot and cold running water. | Not specifically addressed |
| Provide working HVAC equipment. | Not specifically addressed |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Not specifically addressed |
| Provide working gas lines if used for utilities/cooking | Not specifically addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Not specifically addressed |
| Provide a trash can (for trash pickup services). | Not specifically addressed |
| Ensure that any stairs and railings are safe. | Not specifically addressed |
| Ensure that all floors are in good condition and safe. | Not specifically addressed |
| Provide fire exits that are usable, safe, and clean. | Not specifically addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not specifically addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not specifically addressed |
| Provide working wiring for one telephone jack. | Not specifically addressed |
| Provide working kitchen appliances. | Not specifically addressed |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Not specifically addressed |
Louisiana’s state laws do not address many habitability issues.
Sprinkler Systems
Not all states require existing apartment complexes, townhomes, and condos to have sprinkler systems. Many states do not require new construction to have sprinkler systems, either. However, Louisiana has enacted laws requiring “retroactive” installations for high rises.
Repairs, Recourse & Retaliation in Louisiana
If a rental property is in violation of the implied warranty of habitability in Louisiana, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Louisiana
Louisiana tenants may request repairs through any method that communicates their needs effectively to the landlord, as long as this still enables the repair request to be made without delay. Written notice is legally preferable, since it helps prove the exact timing and contents of a repair request.
Renter’s Right if Repairs Aren’t Made in Louisiana
Renters in Louisiana have the right to repair for issues that affect health and safety, unless they caused the issue themselves. The landlord gets a reasonable time after notice to perform repairs.
If the issue isn’t fixed, the renter can end the rental agreement, or pay for repairs and deduct the actual and reasonable cost from the rent. The renter isn’t allowed to withhold rent. Read More
Landlord Retaliation in Louisiana
There isn’t specific statutory law prohibiting landlord retaliation in Louisiana. However, courts recognize the potential for an abuse of rights that results from retaliatory eviction, so retaliation is a potentially available defense. In general, an abuse of rights is any unfair conduct relating to a public interest.
Tenants in Louisiana can claim retaliatory eviction in response to a landlord’s eviction action. If the court agrees that the effect or purpose of the landlord’s attempted eviction is retaliatory, the court will dismiss the eviction proceedings and may award damages to the tenant, including for mental distress.
Sources
- Louisiana Attorney General, “Moving In, Moving Out, and Everything In Between!”
- Louisiana State Legislature, Revised Statutes, Title 9, Civil Code Ancillaries, Articles 3200-3261.1.
- Louisiana State Legislature, Civil Code, Articles 2668-2729.
- Quick Response Fire Supply, “#212-Installing Sprinklers in Commercial Buildings: Evolving Codes and Tragedies Drive Laws.”
- Louisiana Landlord and Tenant Duties (ncsl.org)
